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Home My WebLink AboutCO 2026-015 - Foxtrot Construction Inc CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT with Foxtrot Construction Inc. FOR THE PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT AWARD DATE: March 4, 2026 City of Rancho C ucamonga CONTRACT NUMBER 202ϲ-015 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT NOTICE INVITING BIDS FOR PROPOSAL, CONTRACT AND SPECIFICATIONS FOR PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 (909) 477-2740 ____________________ JASON C. WELDAY DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER RCE NO. 67514 Digitally signed by Jason C. Welday Date: 2026.01.15 14:16:28-08'00' Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Table of Contents TABLE OF CONTENTS Table of Contents NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR ............................................................................................ 1 PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT ................................................................................. 1 INSTRUCTIONS TO BIDDERS ................................................................................................................................... 5 A. PROPOSALS...................................................................................................................................................... 5 BID BOND ............................................................................................................................................................. 6 BID SCHEDULE ...................................................................................................................................................... 6 COMPLETION OF BID FORMS ............................................................................................................................... 6 SIGNATURE OF CONTRACTOR .............................................................................................................................. 7 B. DELIVERY OF PROPOSAL .................................................................................................................................. 7 C. WITHDRAWAL OF PROPOSALS ........................................................................................................................ 8 D. DISQUALIFICATION OF BIDDERS AND PROPOSALS .......................................................................................... 8 E. ADDENDUM ..................................................................................................................................................... 8 F. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK .................................................................... 9 G. ESTIMATED QUANTITIES .................................................................................................................................. 9 H. COMPETENCY OF BIDDER .............................................................................................................................. 10 I. AWARD AND EXECUTION OF CONTRACT ....................................................................................................... 10 Acceptance or Rejection ..................................................................................................................................... 10 Award of Contract .............................................................................................................................................. 10 Bonds .................................................................................................................................................................. 10 Workers' Compensation ..................................................................................................................................... 11 Execution of Contract ......................................................................................................................................... 11 Liquidated Damages and Working Days ............................................................................................................ 11 J. RETURN OF PROPOSAL GUARANTEE ............................................................................................................. 11 K. CITY BUSINESS LICENSE.................................................................................................................................. 12 L. EQUIVALENT MATERIALS ............................................................................................................................... 12 M. RELIEF OF BIDDERS ........................................................................................................................................ 12 N. PRE-BID MEETING .......................................................................................................................................... 12 C O N T R A C T ..................................................................................................................................................... 13 AGREEMENT............................................................................................................................................................ 13 FAITHFUL PERFORMANCE BOND ............................................................................................................................ 21 PAYMENT BOND ...................................................................................................................................................... 22 WORKER'S COMPENSATION INSURANCE CERTIFICATE ........................................................................................... 24 MAINTENANCE GUARANTEE BOND ........................................................................................................................ 25 CITY OF RANCHO CUCAMONGA ........................................................................................................................... 26 SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ........................................................................................ 26 SPECIAL PROVISIONS ........................................................................................................................................... 27 PART 1 GENERAL PROVISIONS ............................................................................................................................. 27 SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ................... 27 1-2 TERMS AND DEFINITIONS .................................................................................................................... 27 1-7 AWARD AND EXECUTION OF CONTRACT ............................................................................................. 27 1-7.2 CONTRACT BONDS ............................................................................................................................... 27 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Table of Contents SECTION 2 – SCOPE OF THE WORK .......................................................................................................................... 28 2-1 WORK TO BE DONE .............................................................................................................................. 28 2-2 PERMITS ............................................................................................................................................... 28 2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES .............................................................................. 28 SECTION 3 – CONTROL OF THE WORK ..................................................................................................................... 30 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ................................................................................ 30 3-6 THE CONTRACTOR'S REPRESENTATIVE ................................................................................................ 30 3-7 contract document ............................................................................................................................... 30 3-12 WORK SITE MAINTENANCE .................................................................................................................. 31 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY. ........................................................................................ 33 SECTION 4 - CONTROL OF MATERIALS ..................................................................................................................... 35 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES .......................................................................................... 37 5-1 LAWS AND REGULATIONS .................................................................................................................... 37 5-3 LABOR .................................................................................................................................................. 37 5-4 INSURANCE .......................................................................................................................................... 38 5-7 SAFETY ................................................................................................................................................. 40 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.................................................................................... 45 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK .......................................................... 45 6-3 TIME OF COMPLETION ......................................................................................................................... 45 6-6 SUSPENSION OF THE WORK ................................................................................................................. 45 6-9 LIQUIDATED DAMAGES ........................................................................................................................ 46 SECTION 7 – MEASUREMENT AND PAYMENT ......................................................................................................... 47 7-3 Payment ............................................................................................................................................... 47 7-4 payment for EXTRA WORK ................................................................................................................... 48 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL .................................................................................................. 50 PART 3 CONSTRUCTION METHODS ...................................................................................................................... 51 SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION ...................................................................................... 51 306-3 TRENCH EXCAVATION ..................................................................................................................... 51 306-6 BEDDING. ........................................................................................................................................ 52 306-12 BACKFILL .......................................................................................................................................... 52 306-13 Trench Resurfacing .......................................................................................................................... 53 306-14 Measurement .................................................................................................................................. 54 306-15 Payment. ......................................................................................................................................... 54 PART 4 EXISTING IMPROVEMENTS ...................................................................................................................... 55 SECTION 400 – PROTECTION AND RESTORATION ................................................................................................... 55 400-1 GENERAL ......................................................................................................................................... 55 SECTION 402 – UTILITIES ......................................................................................................................................... 56 402-1 LOCATION ........................................................................................................................................ 56 402-4 RELOCATION .................................................................................................................................... 56 402-7 UTILITY CONNECTION ...................................................................................................................... 56 PART 9 – PROJECT TECHNICAL PROVISIONS ......................................................................................................... 57 900 DIESEL TANK REMOVAL ....................................................................................................................... 57 901 DIESEL TANK ................................................................................................................................................ 57 902 GASOLINE PUMP .................................................................................................................................. 58 903 GASOLINE DISPENSER .......................................................................................................................... 58 904 FUEL TANK MONITORING SYSTEM REMOVAL ..................................................................................... 59 905 FUEL TANK MONITORING SYSTEM....................................................................................................... 59 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Table of Contents APPENDICES 1.City Working Days Calendar 2.Equipment List 3.Tank Specifications 4.Pump Specifications 5.Dispenser Specifications 6.Fuel Monitoring System Specifications 7.RC Fire District Standard 57-1 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 1 NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive through the City’s online bid management system (“Planet Bids”), on or before the hour of 2:00 p.m. on February 10, 2026, 2:00 pm, sealed bids for the "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT" in said City. The scope of work to be performed consists of, but not limited to, removal and disposal of existing diesel tank and system and installation of new 1,000-gallon diesel tank, fuel dispenser & pump, and fuel monitoring system. The contract documents call for 30 working days to complete this construction. Engineer’s Estimate is $237,000. An optional pre-bid meeting is scheduled for PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT on Wednesday, February 4th, 2026 beginning at 10:00 am, at 8794 Lion St, Rancho Cucamonga, CA 91730. The City strongly recommends that all prospective bidders attend in order to familiarize themselves with the existing site conditions, potential constraints, and any factors that may affect their bid preparation. Failure to attend the pre-bid meeting shall not relieve the bidder from complying with all project requirements or constitute grounds for claims related to site conditions. Bids must be submitted on the City’s bid forms as discussed within this document. A Bidder (“Bidder”) may obtain a copy of the Contract Documents from Planet Bids. The schedule of events for this bid is listed in the following table. Schedule of Events Event Description Date & Time Bid Posted on Planet Bids January 27, 2026, 10:00 AM Pre-bid Meeting February 4, 2026, 10:00 am Questions Due February 5, 2026, 4:00 pm Bid Response Due Date February 10, 2026, 2:00 pm After said bid closing time, Bids will be publicly released on Planet Bids. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 2 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 3 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. The Bid Security must be submitted in original hard copy directly to the City at 10500 Civic Center Drive, Rancho Cucamonga, California Attn: City Clerk’s Office prior to the specified date and time for bid opening as set forth in the Instructions to Bidders. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 4 shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available on Planet Bids. It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a Bid. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website. Prospective bidders must register for an account on Planet Bids to be included on the prospective bidder’s list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with Planet Bids and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Sealed Bids for "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT" shall be submitted on February 5, 2026, through Planet Bids, per the schedule of events. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through Planet Bids. Oral statements regarding this Bid by any persons should be considered unverified information unless confirmed in writing. ADVERTISE ON: Tuesday, January 27th, 2026 & Tuesday, February 3rd, 2026 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 5 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted through Planet Bids on the blank forms furnished as part of the contract documents. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. Electronic signatures are acceptable on all forms except for the Bidder’s Bond. 2. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work embraced in the contract, except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. With the proposal, the Contractor shall list (a) the name, address, and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 1/2% of the total value of the contract or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00) whichever is greater, shall be listed. The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 3. The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item E, Addendum, for further information and instructions. 4. Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 5. Each bid shall be valid for no less than 30 Days after the opening of the proposals. 6. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 6 BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. The bid security must be submitted in original hard copy directly to the City Clerk’s office at 10500 Civic Center Drive, Rancho Cucamonga, California Attn: City Clerk’s Office prior to specified time and date for the Bid opening. BID SCHEDULE The Bid Schedule is available on Planet Bids through the “Line Items” tab. Bidders must insert and submit their Bid prices directly through Planet Bids by selecting “Place eBid” under the “Line Items” tab. The Bid Schedule will be incorporated into the Contract Documents. Failure to submit the Bid Schedule will render a bid nonresponsive. The costs of any Work shown or required in the Contract Documents, are to be included in the Line Items and no additional compensation shall be due to the Contractor by virtue of the Contractor’s compliance with the Contract Documents. The contractor shall submit a Schedule of Values in duplicate within 15 days after date established in Notice to Proceed. The Schedule of Values shall be approved by the engineer prior to construction. It is the Bidder’s responsibility to confirm that all necessary items to construct the improvements are accounted for within pricing submitted. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents posted on Planet Bids. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Electronic signatures are acceptable on all forms except for the Bidder’s Bond. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. The following listed documents includes all bid forms that are required to be submitted for the Bidder to be considered responsive. All forms must be submitted electronically through Planet Bids directly with the exception of the Bid Bond as discussed above. Details for submitting the Bid Schedule via Planet Bids are discussed above. • Bid Schedule – Line Item Pricing (Through Planet Bids) • Bidder Agreement • Bidder Information • Subcontractor Information • Declaration of Eligibility to Contract Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 7 • Certificate of Non-Discrimination by Contractors • Non-Collusion Declaration • Bid Bond (Original hard copy directly to the City Clerk’s office as discussed above) • Signed Addendum Forms (If Necessary) – Submitted as one combined PDF Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. SIGNATURE OF CONTRACTOR Corporation The signature must contain the name of the corporation, must be signed by the President, Secretary, or Assistant Secretary. Other persons may sign for the corporation in lieu of the above; however, a Certified copy (including the original corporate seal) of a resolution of the corporate board of directors so authorizing them to do so must also be provided to the City Clerk's office as part of the Bidder’s response. Partnership The names of all persons comprising the partnership or copartnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venture. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, must be provided as part of the Bidder’s response to the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. B. DELIVERY OF PROPOSAL Bids shall be submitted electronically through the Planet Bids as individual attachments. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than Planet Bids will be returned unopened. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 8 It is the responsibility solely of Bidder to see that its Bid is properly submitted to Planet Bids in proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. City will only consider Bids that have transmitted successfully and have been issued a confirmation number with a time stamp from Planet Bids indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids. Bidders experiencing any technical difficulties with the bid submission process may contact Planet Bids Support at (818) 992-1771. Neither the City nor Planet Bids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the bid submission date and/or time. C. WITHDRAWAL OF PROPOSALS Any Bid may be withdrawn through Planet Bids, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted Bids are in conformance with the instructions herein. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the "California Business and Professions Code," Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on Planet Bids, and it shall be Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 9 the bidder’s responsibility to download all posted addenda and a signed copy of the addendum shall be submitted as part of the bid documents through Planet Bids. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract. Any other interpretation or explanation of such documents will not be considered binding. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should visit Planet Bids to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid. F. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. G. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer. However, when the quantity shown in the Proposal has the designation (F) following the Bid Item in the Schedule of Unit Cost and Lump Sum amounts, that designation indicates the final pay quantity and/or costs and shall be the final quantity used for which payment will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated then the final pay quantity designated for the specific portion of the work will be eliminated. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 10 so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and the quantity of the same item shown in the Engineer’s Estimate, payment will be based on the final pay quantities shown on the plans. H. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information" form. I. AWARD AND EXECUTION OF CONTRACT Acceptance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. The City reserves the right to waive inconsequential errors and/or irregularities. Award of Contract The lowest responsive bidder will be calculated per Section 20103.8 (a) of the Public Contract Code as the lowest bid price on the base contract without consideration of additive (or deductive) items. The award of a contract, if it be awarded, will be to the above lowest responsive bidder. No proposal will be considered from a Contractor who is not registered as a prospective bidder on the City’s Planet Bids website. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) that authorize the contractor and subcontractors to perform the work contemplated under this bid package in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 11 authorized to do business in the State of California in the sum equal to 100% of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Workers' Compensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act," stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this contract, and an agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15) days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder’s security (cash, cashier’s check, certified check, or bond) shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. Liquidated Damages and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of $3,600 per day for each and every calendar day's delay in finishing the work in excess of 30 working days. J. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 12 required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of 30 Days days from the date of award of contract. K. CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. L. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-6 of the Standard Specifications for Public Works Construction. M. RELIEF OF BIDDERS Attention is directed to the provisions of Government Code Sections 14350 to 14355, inclusive, (State Contract Act) concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within five days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred N. PRE-BID MEETING An Optional pre-bid meeting is scheduled for PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT on Wednesday, February 4th, 2026 beginning at 10:00 am, at the Rancho Cucamonga Public Work Corporate Yard located at 8794 Lion St, Rancho Cucamonga, 91730. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 City of Rancho Cucamonga - Construction PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT, bidding on 02/10/2026 2:00 PM (PST) Page 1 of 4 Printed 02/24/2026 PlanetBids Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 City of Rancho Cucamonga - Construction PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT, bidding on 02/10/2026 2:00 PM (PST) Page 2 of 4 Printed 02/24/2026 PlanetBids Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 City of Rancho Cucamonga - Construction PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT, bidding on 02/10/2026 2:00 PM (PST) Page 3 of 4 Printed 02/24/2026 PlanetBids Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 City of Rancho Cucamonga - Construction PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT, bidding on 02/10/2026 2:00 PM (PST) Page 4 of 4 Printed 02/24/2026 PlanetBids Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 Submitted By Submit Date Question Answer Release Date Set Cora Constructors Inc 02/02/2026 8:27:40 AM The contract time is 30 working days and the liquidated damages are $3600 per calendar day. Do the number of working days include time for submittals and procurement? The working days are for construction. If the lead times for materials exceeds the working days, the contractor will provide proof of order after approval of submittals to the city and provide weekly updates on the delivery of materials.02/02/2026 4:05:52 PM 1.1 Foxtrot Construction, inc 01/29/2026 8:55:25 AM Please confirm the following regarding the existing diesel tank to be removed: Whether the tank is single-wall or double-wall Tank material (steel or fiberglass) Approximate empty tank weight (or manufacturer/model if available) If this information is not available, please confirm whether bidders should assume worst-case conditions (double-wall steel tank) for bidding purposes. The diesel tank to be removed is a ConVault 10,000 Gallon Tank. Specifications to be provided attached to this response as an addendum. The tank is double walled, with the primary tank constructed with 10-gauge thick carbon steel, with 6" Thick concrete encasement.02/02/2026 4:05:52 PM 1.2 Foxtrot Construction, inc 01/29/2026 8:51:00 AM 1. for the existing tanks, are they diesel or gas? 2. are we replacing the monitor system with "PROTEUS OEL8000 II/IK4" or a different brand? 1. The existing tanks that will be protected in place are gas, and the tank to be removed is diesel. 2. The existing Fuel Monitoring system is being removed and replaced with the PROTEUS OEL8000IIIK4- 5 shown in appendix 6. Highlights show the options selected for construction.02/02/2026 4:05:52 PM 1.3 Cora Constructors Inc 02/04/2026 11:14:43 AM 2.Fuel Monitoring System – Proteus: h)Please confirm if two sensor caps (2IN-CAP-S) are required to be provided under the base scope. please refer to manufacturer specifications.02/05/2026 10:44:35 AM 2.1 Cora Constructors Inc 02/04/2026 11:14:28 AM 2.Fuel Monitoring System – Proteus: g) Please confirm if the opDonal thermal printer (PS-103) is required to be provided under the base scope. Confirming printer to be required under base scope.02/05/2026 10:44:35 AM 2.2 Cora Constructors Inc 02/04/2026 11:14:06 AM 2.Fuel Monitoring System – Proteus: f)Please confirm the following manufacturer assumpDons: i)No third-party interface is required (MODBUS or BACnet). ii)A 0.2 leak test is not required iii)MINIME to be mounted indoors iv)PROTEUS console to be mounted indoors Confirming Assumptions i-iii. please see answer to question 10 for Proteus console location for question iv.02/05/2026 10:44:35 AM 2.3 Cora Constructors Inc 02/04/2026 11:13:50 AM 2.Fuel Monitoring System – Proteus: e)Please verify the indoor mounDng locaDon for the controller and confirm the mounting location for the annunciator(s). Controller for the new monitoring system will be installed where the existing Tank Gauge is. please see callout 6 on demolition notes and callout 4 on construction notes in the construction documents. Mounting for alarm to be confirmed on site, to be located within the same area as fuel tanks.02/05/2026 10:44:35 AM 2.4 Cora Constructors Inc 02/04/2026 11:13:34 AM 2.Fuel Monitoring System – Proteus: d) Please confirm whether the site has exisDng, separate conduits as follows: i)100- 240 VAC power cables routed in a dedicated, isolated conduit. ii)All annunciator (RAS Series) cables routed in a dedicated, isolated conduit. iii)MTG Probe and sensor cables permiFed to share a dedicated, isolated conduit. iv)Alarm relay cables routed in a dedicated, isolated conduit. Confirming site has existing, separate conduits for all cables listed.02/05/2026 10:44:35 AM 2.5 Cora Constructors Inc 02/04/2026 11:12:05 AM 2.Fuel Monitoring System – Proteus: c)The manufacturer advises that unless two alarms are installed in separate locations, the DDL Overfill Alarm serves as the recommended alarm. The RAS-1-NYS with EC-6 cable would not be required for system functionality. Please confirm this recommendation. Confirming Manufacturer recommendation regarding the alarms.02/05/2026 10:44:35 AM 2.6 Cora Constructors Inc 02/04/2026 11:11:31 AM 2.Fuel Monitoring System – Proteus: b)The equipment list within the project specificaDons references a “Wireless MINIME.” The manufacturer has advised that accessories WRS-232 and ENC-4X-WRS-232 are required to support wireless functionality. Please confirm this recommendation. Confirming recommendation for additional accessories to support Wireless Minime remote display.02/05/2026 10:44:35 AM 2.7 Cora Constructors Inc 02/04/2026 11:11:08 AM 2.Fuel Monitoring System – Proteus: a)The manufacturer recommends the BX-LWS sensor for aboveground tank applications. Please confirm this recommendation. Confirming that the BX-LWS sensor should be used for the two existing tanks. Per Omntec Spec, Appendix 6, for tanks less than 8’ diameter, a BX-LS can be used. The New tank will utilize the BX-LS Sensor.02/05/2026 10:44:35 AM 2.8 Cora Constructors Inc 02/04/2026 11:10:28 AM 1.Please confirm whether the project site has an exisDng EPA Hazardous Waste Generator ID and, if so, provide the number. Project does not have an existing EPA Hazardous Waste Genorator ID.02/05/2026 10:44:35 AM 2.9 fleming Environmental Inc. 02/04/2026 9:54:08 AM Please confirm the gasoline dispenser referenced in the specifications should actually be the new diesel dispenser. Confirming the fuel dispenser referenced in the specifications, Appendix 5, is the fuel dispenser the contractor should use to bid the project.02/05/2026 10:44:35 AM 2.10 Cora Constructors Inc 02/05/2026 3:04:19 PM Due to confirmation that the Fuel Monitoring System will be installed outdoors, the manufacturer has advised that additional components may be required for a NEMA 4X configuration. Please confirm the following: 1a. Confirm whether an HTR-1 heater for the OEL8000III NEMA 4X enclosure is required under the base scope of work. 1b. Confirm whether a TEM-CS thermostat for the OEL8000III NEMA 4X enclosure is required under the base scope of work. 1c. Confirm whether the mounting of the OEL8000III inside an ENC-4X NEMA 4X enclosure, including the HTR-1 heater and TEM-CS thermostat, is required under the base scope of work. Confirming Manufacturer Recommendations.02/05/2026 3:31:47 PM 3.1 City of Rancho Cucamonga - Construction Q & A for Project PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 13 C O N T R A C T AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between , hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT." NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15) days, and to complete his portion of the work within 30 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $3,600 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. Foxtrot Construction Inc. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 14 4. INSURANCE: Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. d. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. e. Surety Bonds. Contractor shall provide the following Surety Bonds: i. Bid bond ii. Performance bond iii. Payment bond iv. Maintenance bond f. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. g. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 15 start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review. h. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Other Insurance Provisions: Additional Insured The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. Primary Insurance For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Notice of Cancellation Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 16 Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Builder’s Risk (Course of Construction) Insurance Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 17 meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 18 exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 19 negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 20 State of California Contractor's License #: Date By: Signature Print Name &Title By: Signature Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Kim Sevy, City Clerk Date Contractor's Business Phone Number: . Emergency Name and Phone Number at which Contractor can be reached at any time: ____________________________ Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 PresidentFermin Fosado 1 (562) 599-9861 3/2/2026 | 2:02 PM PST 1 XFoxtrot construction, Inc Ricardo Fosado Ontario CA 1035680 United States CEO (599) 986-1 91764 3325 E. Shelby 3/5/2026 | 7:39 AM PST 21 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT . as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of (Written) $ (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 . The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of , 20 . By: Title: Surety: By: Individual Partnership Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). one hundred sixty-nine thousand, three hundred sixteen dollars and thirty-two cents 169,316.32 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 22 Bond No.: PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) (“City”) has awarded to (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: “PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT” WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. one hundred sixty-nine thousand, three hundred sixteen dollars and thirty-two cents 169,316.32 Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 23 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: “Principal” “Surety” By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 24 C O N T R A C T WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126 President XFoxtrot construction, Inc3/2/2026 | 2:02 PM PST CEO 25 MAINTENANCE GUARANTEE BOND FOR “PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT” WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as “Contractor”) have entered into an agreement, Contract # , whereby Contractor agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as project located is hereby referred to and made a part hereof; and WHEREAS, said Contractor is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, guaranteeing all improvements free of all defects for a period of one (1) year after acceptance of by the City. NOW, THEREFORE, we the Contractor and as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called “City”), in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein specified, and in all respects according to their true intent and meaning, and shall indemnify and same harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and surety above named on , 20 . CONTRACTOR SURETY Name Name Address Address By: By: PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED Docusign Envelope ID: 27325965-FB76-4DF1-B011-081B0D781126